12 2 STA T .453 2 PUBLIC LA W 11 0– 41 7—O CT. 14 , 200 8SEC.82 2. T EC HNI C ALD ATA R I G HTS. (a)POLICYGU I DAN C E.—Notl at er t h a n270d a ys a f ter the date of the ena c t m ent of th i s A ct , the S ecretary of D efense shall iss u e p olicy g uidance w ith respect to rights in technical data under a non -F A R agreement. T he guidance shall— ( 1 ) esta b lish criteria for defining the legitimate interests of the U nited States and the party concerned in technical data pertaining to an item or process to be de v eloped under the agreement
(2) re q uire that specific rights in technical data be estab- lished during agreement negotiations and be based upon nego- tiations between the United States and the potential party to the agreement, e x cept in any case in which the Secretary of Defense determines, on the basis of criteria established in such policy guidance, that the establishment of rights during or through agreement negotiations would not be practicable; and ( 3 ) require the program manager for a ma j or weapon system or an item of personnel protective equipment that is to be developed using a non-FAR agreement to assess the long-term technical data needs of such system or item. (b) RE Q UI R E M EN T TO I NCLUDE PRO V I S IONS IN NON-FAR A G REE- MENTS.—A non-FAR agreement shall contain appropriate provisions relating to rights in technical data consistent with the policy guid- ance issued pursuant to subsection (a). (c) DE F INITIONS.—In this section
(1) The term ‘ ‘non-FAR agreement ’ ’ means an agreement that is not subject to laws pursuant to which the Federal Acquisition Regulation is prescribed, including— (A) a transaction authori z ed under section 2371 of this title; and ( B ) a cooperative research and development agreement. (2) The term ‘‘party’’, with respect to a non-FAR agreement, means a non-Federal entity and includes any of the following: (A) A contractor and its subcontractors (at any tier). (B) A joint venture. ( C ) A consortium. (d) RE P ORT ON L IFE CYCLE PLANNING FOR TEC H NICAL DATA NEEDS.—Not later than 270 days after the date of enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the H ouse of Representatives a report on the implementation of the requirements in section 2320(e) of title 10, United States Code, for the assessment of long- term technical data needs to sustain major weapon systems. Such report shall include— (1) a description of all relevant guidance or policies issued; (2) a description of the extent to which program managers have received training to better assess the long-term technical data needs of major weapon systems and subsystems; and (3) a description of one or more examples, if any, where a priced contract option has been used on major weapon systems for the future delivery of technical data and one or more exam- ples, if any, where all relevant technical data were acquired upon contract award. Deadlin e .
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